West Bengal

Paschim Midnapore

CC/91/2015

Dr. Tapan Kumar Dutta - Complainant(s)

Versus

Sri Krishnandu Sikdar - Opp.Party(s)

01 Oct 2015

ORDER

                                                            DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 91/2015                                                                                        

               

Dr. Tapan Kumar Dutta, Head Teacher’s…………………….Complainant

               Vs.

Sri Krishnandu Sikdar……………..…….……….Op/Ops.

      

                    Order No.5.                                                                                 Dated : 01/10/2015.

 

ORDER

                                    Record is put up before us for passing ex parte order.

                      Facts of the case, in brief, is that the complainant is the Head Teacher of the Training Department of  Panskura Banamali College and he arranged one tour programme as a part of Teacher’s training and accordingly he met the opposite party Sri Krishnandu Sikdar, the proprietor of Jai Matadi Tour and Travels at Medinipur in the District of Paschim Medinipur.  The opposite party deals with such business of Tour and Travels and the complainant expressed his desire that his students will go an educational tour in the area  of Nainital, Almora, Haridwar and Hrisikesh with more or less 70 students.  Opposite party agreed to conduct the said educational tour programme and charged Rs.5,000/- per student including food and lodging.  Accordingly, the complainant and the opposite party entered into an agreement of tour programme vide consent letter dated 07/03/2014.  The opposite party also received Rs.1,00,000/- out of agreed amount of Rs.3,50,000/- and issued a receipt  being no.107 in favour of Panskura Banamali College.  He also issued a route map and diet chart  with the said agreement.  It was scheduled that the tour will be on and from 15/05/2014 to 22/05/2014.  In terms of said agreement, the tour programme started accordingly. When the complainant along with his students reached Nainital and boarded at Sunt Plaza on 19/05/2014 at S.A.M.,  found that the tour agency of the opposite party along with their kitchen staff had fled away  with the return railway reservation ticket without any information.  The complainant being the teacher-in-charge of the tour programme,  took several attempt to trace out the opposite party and he also lodged a   general diary  against the opposite party at Mullital police station at Nanital, on basis of which G.D. Entry no.29/14 dated 29/05/2014 was started.  The complainant and his student faced serious inconvenience and the complainant had to spend

                                                                                                          Contd…………………P/2                                                  

 

 

( 2 )

Rs.1,36,000/-  to meet up several dues on the spot and he was also compelled to spend Rs.1,43,000/- towards additional expenditure for  food, local transportation etc. for the student and staff who participated that tour programme.  The complainant and his student thereafter abandoned the tour in the midway and they were compelled to return to Panskura.  The complainant and his student had to go for and educational tour again and spend further sum of Rs.3,75,000/-.  The complainant also lodged a complaint before the Officer-in-charge, RPF, Howrah Railway Station on 20/05/2014.  Thereafter, the complainant  issued a notice dated  25/08/2014 to the opposite party demanding payment of Rs.6,33,000/-  and a further sum of Rs.2,00,000/- as compensation through his advocate Sri Jitesh Kr. Singha but the opposite party did not pay any heed.  Hence, the complaint, praying for an award of Rs.8,33,000/- against the opposite party for deficiency in service, compensation and for other costs.

           Notice of this case was duly served upon the opposite party but in spite of receipt of notice, the opposite party did not appear to contest this case. Hence, the expert hearing.  

           In support of his case, the complainant has filed a series of documents regarding such tour programme, receipt showing payment of advance money to the opposite party and some other documents including the copy of agreement of the tour programme, issued by the opposite party.  Considering the said documents and the averments made in the petition of complaint, remaining unchallenged, it is held that the complainant’s case is proved and he is entitled to the order of award, as prayed for.                                                                                                  

                                                      Hence, it is,

                ORDERED

                                                                                                  that the complaint case No.91/2015 is allowed ex parte against the opposite party Sri Krishnandu Sikdar, proprietor of Jai Matadi Tour and Travels at Medinipur.  The complainant do get an award of Rs.8,33,000/- against the opposite party.  Opposite party is directed to pay the said sum of Rs. 8,33,000/- to the complainant within a month from this date of order.               

                Dictated & Corrected by me

                                 Sd/-                                            Sd/-                                       Sd/-

                            President                                     Member                                 President

                                                                                                                          District Forum

                                                                                                                        Paschim Medinipur